A legislative attorney says a proposed new regulation that would further define what constitutes a “medically necessary” abortion for purposes of receiving Medicaid funding would likely be found unconstitutional.
The legal memo, prepared by Jean Mischel, was requested by Democratic Senator Hollis French. Mischel says without a compelling state interest, a court would likely find the proposed new rule “unconstitutionally discriminatory.”
The Alaska Supreme Court has held the state must fund medically necessary abortions if it funds medically necessary services for others with financial needs.
